Wrongful termination, how do I file a lawsuit?

You inquired about wrongful termination. According to Article 23 of the Labor Standards Act, a company cannot terminate a worker without legitimate reason.

However, if the company decides to terminate for management reasons, it must notify the worker 30 days in advance. If this is not announced in advance, 30 days or more of ordinary wages must be paid.

If you are preparing for a wrongful termination lawsuit, you can apply for wrongful termination remedy through the Labor Relations Commission within 3 months from the date of termination.

The Labor Relations Commission reviews this and after examining whether it is wrongful termination, a remedy order is made.

If you cannot accept the result of the Labor Relations Commission, you can request a re-examination within 10 days and file an administrative lawsuit.

However, proof is needed that it was a wrongful termination made without legitimate reason.

If you were terminated for reasons not subject to remedy applications, remedy may become difficult, so it is important to receive sufficient legal consultation before applying.

To respond carefully to such wrongful termination, I recommend that you prepare for the remedy application through legal advice from a specialist attorney.